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(영문) 서울중앙지방법원 2019.01.17 2018가합533268
매매대금반환
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(1) The purpose of the building business, real estate sales agency business, etc. is the old Si E (hereinafter “instant real estate”).

(2) Defendant B (hereinafter referred to as “Defendant B”) is a company for the purpose of real estate trust, etc. and is a trust company which entered into a land trust contract and a fund management agency contract with Defendant C for the purpose of selling real estate of this case.

B. (1) The Plaintiff entered into a sales contract, etc.) between August 2015 and October 2015, 2015, the Plaintiff: (a) concluded a contract between the Defendant B and the instant real estate to purchase N and O, each of the instant real estate, excluding the H-ho and H-ho, the sales right of which was resold, and the instant real estate, among the real estate, (b) the sales contract for each of the instant real estate, and the sales contract for each of the instant real estate, with the exception of the H-ho and H-ho, and the instant sales contract for each of the instant real estate.

The Plaintiff concluded the instant sales contract. According to each of the instant sales contracts, the Plaintiff paid each down payment (excluding H & J where the sales right as seen below was resold) pursuant to each of the instant sales contracts. The specific details are as indicated below: (2) H and J of the instant real estate were resold.

3) The Plaintiff’s loan from the P Cooperative (hereinafter “the instant loan”) for part payments to each of the instant sales households (Fho Lake, G, I, K, L, M and officetel Nos. n and O), respectively.

The payment was made.

The specific details are as follows: The respective entry in the column is as follows.

The remainder of the purchase price of housing units, the remainder of the purchase price of housing units, the intermediate payment of the rent of housing units and the intermediate payment of the rent of the second 4th 5th 6th 249,809,00 24,980,980,980 24,980,900 24,980,980,980,980 24,980,900 24,980,980 24,904,904,500 G 237,423,742,300,742, 23,742, 742, 302, 23,740,742, 230,742, 300, 2300, 118,711, 500, 1208,207

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